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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner '
Subject: Rink site Contract for Sale Addendum
Date: October 15, 2010
On March 05, 2010, the Commission approved a Contract for Sale (Contract) of the former
Rink site, at the corner of Sycamore and East Colfax streets, to East Bank South Bend
Development, LLC.
Highlights of the Contract were:
• $10,000 sales price
• Items precedent to closing include: proof of financing and Commission approval of
the final site plan and development specifications
• 36 month construction period for eight (8) riverfront town homes
• Restrictions for use of property (as detailed in the final site plan)
• Liquidated damages for default (payment of $337,500)
• Title re- vestment upon certain events.
This Contract, as has prior agreements for this site, called for the reinvestment of the sale
proceeds back into the development. Per this Contract, the Commission was to invest up to
$10,000 toward a new retaining wall along the western property line. Instead of
coordinating our work with the developers work on the retaining wall (which will cost well
over $10,000), the Contract Addendum changes the sales price from $10,000 to $1, thereby
allowing the developer to construct the retaining wall according to his schedule.
The following items are also part of this Addendum:
• An easement for the river walk that runs along the western property line, and which
encroaches over the property line in several areas.
• Deeding back the 10 feet along Colfax which had been split off the property, and is
not needed for right -of -way
• Retaining wall diagram
• Site plan
• Building specs
The developer, David Matthews, plans to begin construction of the first six units this fall,
and will be in attendance for the meeting.
What We Do Today Makes A Difference!
Staff requests Commission approval of this Contract for Sale Addendum, which is the final
step to allow the transfer of this property to East Bank South Bend Development, LLC, and
will allow the developer to begin construction of this prominent site along the river.
Memo To RC re Rink Contract for Sale Addendum.doc what we Do Today Makes A
Difference!
ADDENDUM TO
CONTRACT FOR SALE OF LAND
FOR PRIVATE DEVELOPMENT
THIS ADDENDUM, made on , 2010, between the South Bend
Redevelopment Commission (the "Commission "), established under the Redevelopment
of Cities and Towns Act of 1953, as amended, being Ind. Code 36- 7 -14 -1, et seq. (the
"Act "), and having its office at 1200 County -City Building, South Bend, Indiana, and
East Bank South Bend Development, LLC, a limited liability corporation organized
under the laws of the State of Indiana (the "Developer "), having its principal place of
business at 603 Manchester Drive, South Bend, Indiana, 46615.
WHEREAS, the Commission and the Developer entered into a "Contract for Sale
of Land for Private Development" (the "Contract "), and
WHEREAS, the Contract provided for the sale from the Commission to the
Developer of certain real estate indentified in the Contract and provided for the
development standards of the real estate by the Developer, and
WHEREAS, the Contract provided that the Developer pay Ten Thousand Dollars
($10,000.00) to the Commission for the purchase of the real estate, and
WHEREAS, the Commission desires to construct a retaining wall to aid in the
development of the real estate and the surrounding area, with an estimated cost of
construction in excess of Ten Thousand Dollars ($10,000.00), and
WHEREAS, the Developer is willing to undertake the construction of the
retaining wall conforming to the specifications of the Commission in exchange for a
reduction of the purchase price provided for in the Contract, and
WHEREAS, the Commission and the Developer desire to enter into this
Addendum to effect the parties' desires.
NOW, THEREFORE, in consideration of the mutual promises and obligations
in this Addendum, the parties agree to amend the Contract as follows:
1. The Developer agrees to undertake the construction of a retaining wall to
aid in the development of the real estate and the surrounding area, which will be
constructed at the Developer's expense and pursuant to the specifications contained in
Exhibit "A" attached hereto.
2. The Purchase Price provided for in the Contract shall be reduced to One
Dollar ($1.00).
3. All other terms and conditions contained in the Contract shall remain in
full force and effect.
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IN WITNESS WHEREOF, the Parties hereby execute this Addendum on the
date first written above.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
Printed Name an it e
South Bend Redevelopment Commission
ATTEST:
Signature
Printed ame and Title
South Bend Redevelopment Commission
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State,
personally appeared and , known
to me to be the and respectively of the
South Bend Redevelopment Commission and acknowledged the execution of the
foregoing Addendum to Contract for Sale of Land for Private Development.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the day of 52010.
My Commission Expires:
Notary Public
Residing in St. Joseph County, Indiana
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EAST BANK SOUTH BEND
DEVELOPMENT, LLC
Signature
Printed Name and Title
Date: .2010
ATTEST:
Signature
Printed Name and it le
STATE OF INDIANA )
) SS:
ST. JOSEPH COUNTY )
Before me, the undersigned, a Notary Public, in and for said County and State,
personally appeared and
known to me to be and of East Bank
South Bend Development, LLC, and acknowledged the execution of the foregoing
Addendum to Contract for Sale of Land for Private Development.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal on the _ day of , 2010.
My Commission Expires:
Notary Public
Residing in St. Joseph County, Indiana
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document,
unless required by law. Lawrence J. Meteiver.
This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1400 County -City Building, 227 W. Jefferson Blvd.,
South Bend, Indiana 46601, (574) 235 -9294.
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